Description
Book SynopsisCanon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the home system in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three dis
Trade ReviewThis is a pioneering book, accomplished in itself and potentially a stimulus for future jurisprudential trends in a comparative context. * Robert Ombres, Oxford Journal of Law and Religion *
[This book is] a timely and an excellent consideration on these themes and should be required reading for all jurists. * James Campbell, The Heythrop Journal *
Table of ContentsTABLE OF CONTENTS PREFACE AND ACKNOWLEDGEMENTS ABBREVIATIONS INTRODUCTION CHAPTER ONE: AN OVERVIEW OF CANON LAW CHAPTER TWO: CANON LAW AND THE SEXUAL ABUSE CRISIS: Antinomianism, Legalism, and the Failure of the Rule of Law CHAPTER THREE: CANON LAW AND THE SEX ABUSE CRISIS CONTINUED: The Consequences of the Failure of the Rule of Law CHAPTER FOUR: CHURCH PROPERTY: A Comparison of the Theories of Property in Canon Law and Liberal Theory CHAPTER FIVE: CHURCH PROPERTY CONTINUED: The Diocese and Parish; Canon Law and State Law CHAPTER SIX: INDETERMINANCY IN CANON LAW: The Refusal of Holy Communion to Catholic Public Officials: Canon 915: "A Central Case" CHAPTER SEVEN: THE INDETERMINACY CLAIM CONTINUED: Canon 915: "A Doubtful or Hard Case"? CONCLUSION BIBLIOGRAPHY INDEX
